International Trade

  • October 17, 2014

    Sidley Beats Subpoena Bid In PetroTiger CEO's Bribery Case

    A New Jersey federal judge on Friday freed Sidley Austin LLP from a subpoena seeking documents related to its probe of PetroTiger Ltd. following its former CEO's indictment for allegedly conspiring to bribe Colombian officials to secure a $39 million contract.

  • October 17, 2014

    AIG Blasts IRS Economic Substance Claims In $306M Tax Row

    American International Group Inc. on Tuesday bashed the IRS for alleging that several transactions AIG used for foreign tax credits lacked economic substance, telling the Second Circuit the doctrine doesn't apply to the $306 million refund fight because the company complied with congressional standards.  

  • October 17, 2014

    AUO Pushes 9th Circ. To Rehear $500M Antitrust Case

    AU Optronics Corp. urged the Ninth Circuit on Thursday to rehear its appeal of a $500 million price-fixing fine levied against the liquid crystal display producer, denying that the company has waived its chance to seek a narrower sentence that accounts only for its direct imports.

  • October 17, 2014

    Pantech Files For Ch. 15 Relief Amid Korean Debt Workout

    South Korean mobile phone manufacturer Pantech Co. Ltd. sought shelter in Georgia bankruptcy court Thursday to protect itself from 15 intellectual property lawsuits as it attempts to cut a debt load of more than $500 million through its home country’s insolvency laws.

  • October 17, 2014

    Offsets Offer Traps For Unwary Defense Exporters

    With defense contractors increasingly looking to drum up business abroad, experts say they must be wary of the frequent demands for offsets — work designed to contribute to the local economy but often used as an excuse for lining a contracting official's pockets.

  • October 16, 2014

    Knowles Wins ITC Suit Over Microphone Patents

    GoerTek Inc. silicon microphone parts used in headsets and earphones infringe three patents owned by rival acoustic components makers Knowles Electronic LLC, a U.S. International Trade Commission judge has ruled, recommending the GoerTek imports be banned.

  • October 16, 2014

    In Converse Fight, IP's Limits For Fashion Are On Display

    The flood of lawsuits Converse filed this week over sneakers that look like its classic Chuck Taylor are more than just a new court fight — they're a case study on how brands are stretching existing U.S. intellectual property law to fill what some experts say are big gaps in protection for the fashion industry.

  • October 16, 2014

    WikiLeaks Sparks Outcry With Release Of TPP Draft IP Text

    WikiLeaks on Thursday published what it claims is a draft of the Trans-Pacific Partnership's intellectual property chapter, which advocacy groups swiftly blasted as curbing access to vital medicines, reigniting one of the deal's most contentious debates just as negotiators are racing to conclude the talks.

  • October 16, 2014

    US Trade Rep Vows To Uphold Standards Amid TTIP Criticism

    U.S. Trade Representative Michael Froman defended the Transatlantic Trade and Investment Partnership talks Thursday, saying critics' worries the deal could weaken food, financial and environmental protections are unfounded as neither the U.S. nor the EU would accept a "race to the bottom."

  • October 16, 2014

    Advocates Urge Fed. Circ. To Curtail ITC Digital Data Ruling

    Two digital rights groups asked the Federal Circuit on Thursday to weigh in on the ability of the U.S. International Trade Commission to render decisions regarding the import of potentially infringing information via digital downloads, calling a recent ITC ruling “sweeping and unprecedented.”

  • October 16, 2014

    Wis. Co. Manager Cops To Distributing Tainted Cheese

    A former manager at a Wisconsin-based cheese company pled guilty in Illinois federal court on Thursday to charges that she helped distribute 110,000 pounds of imported Mexican cheese, samples of which turned out to be contaminated, against U.S. Food and Drug Administration orders.

  • October 16, 2014

    Valeo Tells ITC Rival Ripped Off Windshield Wiper Patents

    Auto parts supplier Valeo North America Inc. on Wednesday urged the U.S. International Trade Commission to open an investigation into competitor Trico Products Corp.'s alleged infringement of two of its windshield wiper blade patents, in addition to blocking the import of the infringing products into the U.S. market.

  • October 16, 2014

    Fed. Circ. Won't Nix Victoria's Secret 'Bra Top' Tariff

    The Federal Circuit on Thursday upheld a tariff classification decision over “bra tops” imported by Victoria’s Secret Direct LLC and Lerner New York Inc., saying that because the garments are a fusion of both camisoles and brassieres, they must be categorized as a nonspecific product rather than as a brassiere or similar article.

  • October 16, 2014

    7th Circ. Accepts Briefs From Japan, Belgium In LCD Fight

    The Seventh Circuit accepted amicus briefs Thursday by Japanese and Belgian regulators in Motorola Mobility LLC's appeal over allegedly price-fixed liquid-crystal display panels, with Japan arguing that allowing U.S. antitrust law to apply to transactions that take place in other countries could hamper the regulation efforts of foreign nations.

  • October 16, 2014

    China's Yuan Undervalued But Not Manipulated, US Says

    The U.S. Treasury Department on Wednesday urged its international trade partners with surpluses to take bolder steps to boost consumer spending and pointed out some undervalued currencies, but it stopped short of claiming China and other partners manipulated exchange rates.

  • October 16, 2014

    WTO Chief Warns Of Dimming Power As Trade Pact Stalls

    Continued discord among World Trade Organization members attempting to reach an agreement on a pact to eliminate trade barriers is quickly leading to deterioration of the organization’s negotiating powers, Director-General Roberto Azevedo said in a speech Thursday.

  • October 15, 2014

    Commerce Finalizes Anti-Dumping Duties On Chinese Garlic

    The U.S. Department of Commerce has finalized its anti-dumping determination on garlic from China, after reviewing comments and continuing to find that two companies sold garlic at less than normal value, according to a Federal Register notice set for publication Thursday.

  • October 15, 2014

    Teamsters Condemn 'Failed' Cross-Border Trucking Program

    The International Brotherhood of Teamsters on Tuesday slammed a U.S. Department of Transportation program intended to give Mexican truck drivers access to the U.S., calling the program a "failure" and saying the program data gathered by DOT was "worthless." 

  • October 15, 2014

    ITC Paves Way For Duties On Mexican, Turkish Rebar

    The U.S. International Trade Commission on Tuesday determined that domestic producers of steel concrete reinforcing bar are being harmed by Mexican imports it says are sold below fair value and Turkish imports it says are illegally subsidized by that country’s government.

  • October 15, 2014

    Magna Asks ITC To Narrow Car Camera IP Investigation

    Magna Electronics Inc. on Monday urged the U.S. International Trade Commission to partially terminate an investigation into one of its patents for camera technologies in cars, saying it has withdrawn some of its allegations accusing TRW Automotive US LLC of infringing the patents.

Expert Analysis

  • Lessons From Recent DOJ Probes Of Large Banks

    Jacqueline M. Arango

    The U.S. Department of Justice is focusing on large financial institutions for not only failing to comply with federal laws but also for willfully violating laws that were meant to protect the sanctity of the U.S. financial markets. These recent prosecutions, particularly with respect to U.S. embargo violations, provide guidance on what not to do, say Jacqueline Arango and Christine Bautista of Akerman LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Start To Think About Entering China's Health Care Market

    Tim Stratford

    After the news this past July that German hospital operator Artemed had signed a framework agreement to establish the first wholly foreign-owned hospital in the Shanghai Pilot Free Trade Zone, foreign investors anxious for an opening into China’s tightly regulated health care sector may have further reason for optimism, say attorneys with Covington & Burling LLP.

  • An Offensive Use Of The FCPA?

    Kedar Bhatia

    With recent examples in mind, there is no clear indication that offensive use of the Foreign Corrupt Practices Act is actually a new frontier as opposed to another somewhat underhanded effort at securing a competitive advantage, say Kedar Bhatia and Shamoil Shipchandler of Bracewell & Giuliani LLP.

  • Commerce's BE-13 Survey Is Back: What You Need To Know

    Scott Flicker

    The U.S. Department of Commerce's Bureau of Economic Analysis — a little-known U.S. government statistical reporting bureau — has revived a dormant regulation mandating that U.S. entities submit a report when they take on, or are created as a result of, qualifying new foreign direct investment in the United States, say Scott Flicker and Dana Stepnowsky of Paul Hastings LLP.

  • A Convergence Of Antitrust, Anti-Graft Enforcement In China

    Kareena Teh

    In their efforts to combat unfair competition, Chinese authorities have used both antitrust and anti-corruption laws, targeted specific industries, conducted swift investigations, executed dawn raids to obtain evidence, and shared information among different departments. It is highly likely that this will continue for the foreseeable future, impacting the operations of many multinationals, say Kareena Teh and Fabian Roday of Dechert LLP.

  • Trek Leather Opens Pandora’s Box On US Customs Penalties

    Michael Cone

    The Federal Circuit's earth-shattering decision in U.S. v. Trek Leather — the first customs law case heard by the en banc court in its 32-year history — reshapes the hard-fought ground over the scope of liability for unintentional customs violations. The government has a terrifying new army at its disposal, says Michael Cone of Fisher Broyles LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Foreign Direct Investment Vs. National Security Risk

    Philip Thompson

    The number of voluntary notices filed with the Committee on Foreign Investment in the U.S. continues to increase significantly. The benefits of seeking voluntarily CFIUS approval for covered cross-border transactions far outweigh the risks, and recent cases have underscored the merits of advance strategic planning, say Philip Thompson and Robert Crowe of Nelson Mullins & Scarborough LLP.

  • What 2013 Conflict Minerals Filings Mean For 2014: Part 3

    Michael Littenberg

    When preparing their calendar year 2014 disclosure, issuers should consider a frequent criticism from nongovernmental organizations and socially responsible investors on the calendar year 2013 filings and focus on improving the organization and readability of their filings, say attorneys with Schulte Roth & Zabel LLP.